Autopsy: Driver of car Adenhart rode in was DUI

June 10, 2009

Updated Aug. 21, 2013 1:17 p.m.

1 of 6

Fullerton police investigators map out the scene after three people were killed today in a three-vehicle crash blamed on a motorist who ran a red light at a Fullerton intersection, authorities said. The accident occurred at East Orangethorpe Avenue and South Lemon Street around 12:20 a.m., said Fullerton police Lt. Doug Cave, Thursday morning, April 9, 2009. KEN STEINHARDT, THE ORANGE COUNTY REGISTER

1 of 6

Nick Adenhart KEVIN SULLIVAN, THE ORANGE COUNTY REGISTER

1 of 6

A poster-size portrait of Courtney Stewart was displayed at her funeral. JOSHUA SUDOCK, THE ORANGE COUNTY REGISTER

1 of 6

Henry Pearson PHOTO COURTESY OF DMV

1 of 6

Jon Wilhite COURTESY CAL STATE FULLERTON ATHLETICS

1 of 6

Andrew Thomas Gallo, 22, of San Gabriel, fights-back tears during an appearance in Fullerton's North Court on April 13. JOSHUA SUDOCK, THE ORANGE COUNTY REGISTER

Fullerton police investigators map out the scene after three people were killed today in a three-vehicle crash blamed on a motorist who ran a red light at a Fullerton intersection, authorities said. The accident occurred at East Orangethorpe Avenue and South Lemon Street around 12:20 a.m., said Fullerton police Lt. Doug Cave, Thursday morning, April 9, 2009. KEN STEINHARDT, THE ORANGE COUNTY REGISTER

RELATED SLIDE SHOW

An autopsy report showed Courtney Frances Stewart had a blood-alcohol content above the legal limit for someone her age when the car she was driving was struck by an alleged drunken driver on April 9, prosecutors said.

The crash killed Stewart, 20, a student and former cheerleader at Cal State Fullerton, and two of her passengers: Angels pitcher Nick Adenhart, 22, and Henry Nigel Pearson, 25, a law student working toward becoming a sports agent.

A fourth passenger in the Mitsubishi Eclipse that Stewart was driving, Jon Wilhite, 24, was seriously injured and is recovering.

Toxicology tests conducted by the Orange County Coroner showed Stewart had a blood-alcohol content of .06, said Deputy District Attorney Susan Price. The legal limit in California for drivers under 21 is .01, while the limit for drivers 21 or older is .08.

The driver of the minivan that collided with the Mitsubishi, Andrew Thomas Gallo, pleaded not guilty on Monday to three counts of second-degree murder and driving under the influence, among other charges.

Gallo's attorney Randall T. Longwith, said he had heard about Stewart's toxicology report more than a month ago but had only recently received a copy.

"It's a big revelation," Longwith said. "In essence, we're talking about two people who were drinking and driving. I think it's definitely something we need to look at and investigate."

The collision occurred at the intersection of Lemon Street and Orangethorpe Avenue in Fullerton shortly after midnight on April 9. Adenhart, a rookie, had pitched six scoreless innings against the Oakland A's earlier that evening.

The OC Weekly posted on its Web site a copy of Stewart's toxicology report showing she had a post-mortem blood alcohol content of .16.

Price said Stewart's peripheral blood alcohol content of .06 is the correct measurement, as was testified to by a doctor during grand jury hearings in the case. Price said because Gallo was at fault in the accident, Stewart's blood alcohol content is irrelevant.

An indictment accuses Gallo of driving a minivan drunk through a red light and striking the Mitsubishi while it was proceeding through the intersection legally on a green light.

Gallo had a blood-alcohol level of .19 percent two hours after the crash, according to the Orange County District Attorney's Office.

"Nothing Courtney Stewart did caused this collision," Price said. "It's not uncommon for us to see DUI drivers on both sides of a collision, both the person at fault and the person who happens to be the victim."

Gallo is being held in lieu of $2 million bond and is scheduled for a pretrial hearing on July 31.

If convicted on all charges, he faces a maximum sentence of 54 years and eight months to life in prison.

User Agreement

Keep it civil and stay on topic. No profanity, vulgarity, racial
slurs or personal attacks. People who harass others or joke about
tragedies will be blocked. By posting your comment, you agree to
allow Orange County Register Communications, Inc. the right to
republish your name and comment in additional Register publications
without any notification or payment.